Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	defendant_n	law_n	plaintiff_n	2,005	5	10.1186	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A61696	An assertion for true and Christian church-policie wherein certain politike objections made against the planting of pastours and elders in every congregation are sufficiently answered : and wherein also sundry projects are set down ...	Stoughton, William, 1632-1701.	1642 (1642)	Wing S5760; ESTC R34624	184,166	198

any person detaining his tithes and offerings the Hospitall of S. Leonards in Yorke of the Kings foundation and Patronage endowed of a thrave ●ospital of S. Leonard 1 2. h. 6. c 2 of Corne to bee taken yearely of every plough earing within the Counties of Yorke Comberland Westmerland and Lancaster having no sufficient or convenable remedie at the Common Law against such as with-held the same thraves it was ordained by the King in Parliament that the Master of the said Hospital and his successors might have action by writ or plaints of debt or detaine at their pleasure against all and every of them that detained the same thraves for to recover the same thraves with their dammages And by the Statute of 32. H. 8. c. 4. it is enacted That the Parsons and Curates of five Parish Churches whereinto the Towne of Royson did extend it self and every of them and the successors of every of them shall have their remedie by authoritie of that act to sue demand ask and recover in the kings Court of Chancerie the tythes of corn hay wooll lamb and calfe subtracted or denyed to be paid by any person or persons Againe Vicars Parsons or improprietaries do impleade any man in the Ecclesiasticall Court for tythes of wood being of the age of twenty years or above for tyth-hay out of a medow for the which time out of mind and memorie of man there hath only some Meade-silver beene paid or if a debate hang in a spirituall Court for the right of tythes having his originall from the right of Patronage and the quantity of the same tythes do passe the fourth part of the value of the benefice a prohibition in all these and sundry other cases doth lie and the matters are to bee tried and examined in the Kings Courts according to the course of the Common Law unlesse upon just cause there bee granted a consultation And if in these cases in maintenance of the Common Law the defendants have reliefe in the Kings Courts I thinke it more meet to leave it to the consideration rather of common than to the judgement of Canon Lawyers to determine what alteration the Common Law could sustaine in case if plaintiffes as well as some defendants might pray the Kings aide for the recoverie of tythes especially seeing at this day the manner of paying tythes in England for the most part is now limited by the common and statute lawes of the Realm and not by any forraigne canon law But there is some fact Object happily so difficile so secret and so misticall in these causes of tythes as the same cannot without a very great alteration of the Common law Answer be so much as opened before a lay judge or of the hidden knowledge whereof the Kings temporall Judges are not capable Why then let us What facts touching the upholding of tyths are examinable in the Ecclesiasticall courts see of what nature that inextricable fact may be I have perused many libels made and exhibited before the Ecclesiasticall Judges yea and I have read them over and over and yet for ground of complaint did I never perceive any other materiall and principall kinde of fact examinable in those Courts but only such as follow First that the partie agent is either Rector Vicar Proprietarie or Possessor of such a Parish-Church and of the Rectorie Vicaridge farme possession or dominion of the same and by vertue thereof hath right unto all tythes oblations c. apertaining to the same Church and growing within the same parish bounds limits or places tythable of the same Secondly that his predecessors Rectors Vicars c. time out of mind and memorie of man have quietly and peaceably received and had all and singular tythes oblations c. increasing growing and renewing within the Parish c and that they and he have beene and are in peaceable possession of having and receiving tythes oblations c. Thirdly that the partie defendant hath had and received in such a yeer c. of so many sheepe feeding and couching within the said Parish c. so many fleeces of wooll and of so many Ewes so many Lambes c. Fourthly that the defendant hath not set out yeelded or paid the tyth of the wooll and lambe and that every Tyth fleece of the said wool by comm●n estimation is worth so much and that every tyth Lambe by common estimation is likewise worth so much c. Fifthly that the defendant is subject to the jurisdiction of that Court whereunto he is summoned Lastly that the defendant doth hetherto deny or delay to pay his tyths notwithstanding he hath beene requested thereunto These and such like are the chiefe matters of fact whereupon in the The Kings Iustices are as able to judge of exceptions against tyths as the Ecclesiasticall Iudges Ecclesiasticall Courts proofes by witnesses or records rest to be made for the recoverie of tythes And who knoweth not but that these facts upon proofes made before the Kings Justices may aswell bee decided by them as by any of the Reverend Bishops or venerable Archdeacons their Chancellors or Officials If there be any exception alleaged by the defendant as of composition prescription or priviledge the Kings Justices are as able to judge of the validitie of these as they are now able eo determine customes de modo decimandi or of the use of high wayes of making and repairing of Bridges of Commons of pasture pawnage ●estovers or such like Truth it is that of Legacies and bequests of goods the reverend Bishops by sufferance Legacies how they may be recovered at the common law of our Kings and consent of our people have accustomably used to take cognizance and to hold plea in their spirituall Courts Notwithstanding if the Legacie bee of lands where lands be divisible by Testament the judgement thereof hath beene alwayes used and holden by the Kings writ and never in any Ecclesiasticall Court Wherefore if it shall please the King to enlarge the authoritie of his Courts temporall by commanding matters of legacies and bequests of goods aswell as of lands to be heard and determined in the same it were not much to be feared but that the kings Justices the kings learned Counsell and others learned in the Law of the Realm without any alteration of the same law would speedily finde meanes to apply the grounds thereof aswell to all cases of Legacies and bequests of goods as of lands For if there be no goods divisible by will but the same are grantable and confirmable by deed of gift could not the kings Justices aswell judge of the gift and of the thing given by will as of the grant and of the thing granted by deed of gift or can they not determine of a Legacie of goods aswell as of a bequest of lands If it should come in debate before them whether the Testator at that time of making his will were of good and perfect memorie upon proofs and other